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14. Annals, xi. 5.

15. Ibid., xiii. 4.

16. Histories, v.

17. The same disorder happened under Theodosius the younger.

18. Secret History.

19. See Leg. 2, § 24, Dig. ff. de orig. jur.

20. Quod pater puellce abesset, locum injuria esse ratus. -- Livy, dec. I, iii. 44.

21. And in a great many other cities.

22. See in Tacitus the rewards given to those informers. -- Annals, i. 30.

23. Book ix.

24. I shall show hereafter that China is, in this respect, in the same case as a republic or a monarchy.

25. Suppose, for instance, to prevent the execution of a decree, the common people paid a fine of forty sous, and the nobility of sixty livres. -- Somme Rurale, ii, p. 198, ed. Goth. 1512; and Beaumanoir, 61, p. 309.

26. See the Council of Peter Defontaines, 13, especially art. 22.

27. It was made by Valerius Publicola soon after the expulsion of the kings, and was twice renewed, both times by magistrates of the same family. As Livy observes, x, 9, the question was not to give it a greater force, but to render its injunctions more perfect. "Diligentius sanctum," says Livy, ibid.

28. Lex Porcia pro tergo civium lata. It was made in the 454th year of the foundation of Rome.

29. Nihil ultra quam improbe factum adjecet -- Livy, loc. cit.

30. They slit his nose or cut off his ears.

31. Xenophon, Hist., iii. 8, §§ 20-22.

32. Of Those Who Are Intrusted with the Direction of the State Affairs, 14.

33. See Kempfer.

34. Collection of Voyages that Contributed to the Establishment of the East India Company, iii, part I, p. 428.

35. Let this be observed as a maxim in practice, with regard to cases where the minds of people have been depraved by too great a severity of punishments.

36. Collection of Voyages that Contributed to the Establishment of the East India Company, v, p. 2.

37. Ibid.

38. The guilty were condemned to a fine; they could not be admitted into the rank of senators, nor nominated to any public office. -- Dio, xxxvi. 21.

39. Ibid.

40. Book i. 28.

41. We find there the punishment of fire, and generally capital punishments, theft punished with death, &c.

42. Sulla, animated with the same spirit as the decemvirs, followed their example in augmenting the penal laws against satirical writers.

43. Book i, 28.

44. Poenas facinorum auxit, cum locupletes eo facilius scelere se obligarent, quod integris patrimoniis exularent. -- Suetonius in Life of Julius C?sar, 162.

45. See the Leg. 3, § legis, ad leg. Cornel, de sicariis, and a vast number of others in the Digest and in the Codex.

46. Sublimiores.

47. Medios.

48. Infirnos. Leg. 3, § legis, ad leg. Cornel, de sicariis.

49. Jul. Cap., Maximini duo, 8.

50. Chapter 17.

51. Hist. of Nicephorus, patriarch of Constantinople.

52. In Nicephorus' History.

53. Father Du Halde, i, p. 6.

54. Present State of Russia, Perry.

55. The English.

56. The citizens of Athens could not be put to the rack (Lysias, Orat. contra Agorat.) unless it was for high treason. The torture was used within thirty days after condemnation. (Curius Fortunatus. Rhetor, scol., ii.) There was no preparatory torture. In regard to the Romans, the Leg. 3, 4, ad leg. Jul. majest., show that birth, dignity, and the military profession exempted people from the rack, except in cases of high treason. See the prudent restrictions of this practice made by the laws of the Visigoths.

57. See Kempfer.

58. It is established in the Koran. See the chapter, Of the Cow.

59. Si membrum rupit, ni cum eo pacit, talio esto. Aulus Gellius, xx. i.

60. Ibid.

61. See also the Law of the Visigoths, vi, tit. 4, §§ 3, 5.

62. See Garcilasso, History of the Civil Wars of the Spaniards in the West Indies.

63. "Instead of punishing them," says Plato, "they ought to be commended for not having followed their fathers' example." -- Laws, ix.

64. Fragment of Suidas, in Constantine Porphyrogenitus.

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Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women

1. Of Luxury. Luxury is ever in proportion to the inequality of fortunes. If the riches of a state are equally divided there will be no luxury; for it is founded merely on the conveniences acquired by the labour of others.

In order to have this equal distribution of riches, the law ought to give to each man only what is necessary for nature. If they exceed these bounds, some will spend, and others will acquire, by which means an inequality will be established.

Supposing what is necessary for the support of nature to be equal to a given sum, the luxury of those who have only what is barely necessary will be equal to a cipher: if a person happens to have double that sum, his luxury will be equal to one; he that has double the latter's substance will have a luxury equal to three; if this be still doubled, there will be a luxury equal to seven; so that the property of the subsequent individual being always supposed double to that of the preceding, the luxury will increase double, and a unit be always added, in this progression, 0, 1, 3, 7, 15, 31, 63, 127

In Plato's republic,[1] luxury might have been exactly calculated. There were four sorts of censuses or rates of estates. The first was exactly the term beyond poverty, the second was double, the third triple, the fourth quadruple to the first. In the first census, luxury was equal to a cipher; in the second to one, in the third to two, in the fourth to three: and thus it followed in an arithmetical proportion.

Considering the luxury of different nations with respect to one another, it is in each state a compound proportion to the inequality of fortunes among the subjects, and to the inequality of wealth in different states. In Poland, for example, there is an extreme inequality of fortunes, but the poverty of the whole binders them from having so much luxury as in a more opulent government.

Luxury is also in proportion to the populousness of the towns, and especially of the capital; so that it is in a compound proportion to the riches of the state, to the inequality of private fortunes, and to the number of people settled in particular places.

In proportion to the populousness of towns, the inhabitants are filled with notions of vanity, and actuated by an ambition of distinguishing themselves by trifles.[2] If they are very numerous, and most of them strangers to one another, their vanity redoubles, because there are greater hopes of success. As luxury inspires these hopes, each man assumes the marks of a superior condition. But by endeavouring thus at distinction, every one becomes equal, and distinction ceases; as all are desirous of respect, nobody is regarded.

Hence arises a general inconvenience. Those who excel in a profession set what value they please on their labour; this example is followed by people of inferior abilities, and then there is an end of all proportion between our wants and the means of satisfying them. When I am forced to go to law, I must be able to fee counsel; when I am sick, I must have it in my power to fee a physician.

It is the opinion of several that the assemblage of so great a multitude of people in capital cities is an obstruction to commerce, because the inhabitants are no longer at a proper distance from each other. But I cannot think so; for men have more desires, more wants, more fancies, when they live together.

2. Of sumptuary Laws in a Democracy. We have observed that in a republic, where riches are equally divided, there can be no such thing as luxury; and as we have shown in the 5th Book[3] that this equal distribution constitutes the excellence of a republican government; hence it follows, that the less luxury there is in a republic, the more it is perfect. There was none among the old Romans, none among the Laced?monians; and in republics where this equality is not quite lost, the spirit of commerce, industry, and virtue renders every man able and willing to live on his own property, and consequently prevents the growth of luxury.

The laws concerning the new division of lands, insisted upon so eagerly in some republics, were of the most salutary nature. They are dangerous, only as they are sudden. By reducing instantly the wealth of some, and increasing that of others, they form a revolution in each family, and must produce a general one in the state.

In proportion as luxury gains ground in a republic, the minds of the people are turned towards their particular interests. Those who are allowed only what is necessary have nothing but their own reputation and their country's glory in view. But a soul depraved by luxury has many other desires, and soon becomes an enemy to the laws that confine it. The luxury in which the garrison of Rhegium began to live was the cause of their massacring the inhabitants.

No sooner were the Romans corrupted than their desires became boundless and immense. Of this we may judge by the price they set on things. A pitcher of Falernian wine[4] was sold for a hundred Roman denarii; a barrel of salt meat from the kingdom of Pontus cost four hundred; a good cook four talents; and for boys, no price was reckoned too great. When the whole world, impelled by the force of corruption, is immersed in voluptuousness[5] what must then become of virtue?

3. Of sumptuary Laws in an Aristocracy. There is this inconvenience in an ill-constituted aristocracy, that the wealth centres in the nobility, and yet they are not allowed to spend; for as luxury is contrary to the spirit of moderation, it must be banished thence. This government comprehends, therefore, only people who are extremely poor and cannot acquire, and people who are vastly rich and cannot spend.

In Venice, they are compelled by the laws to moderation. They are so habituated to parsimony that none but courtesans can make them part with their money. Such is the method made use of for the support of industry; the most contemptible of women may be profuse without danger, whilst those who contribute to their extravagance consume their days in the greatest obscurity.

Admirable in this respect were the institutions of the principal republics of Greece. The rich employed their money in festivals, musical choruses, chariots, horse-races, and chargeable offices. Wealth was, therefore, as burdensome there as poverty.

4. Of sumptuary Laws in a Monarchy. Tacitus says[6] that the Suiones, a German nation, has a particular respect for riches; for which reason they live under the government of one person. This shows that luxury is extremely proper for monarchies, and that under this government there must be no sumptuary laws.

As riches, by the very constitution of monarchies, are unequally divided, there is an absolute necessity for luxury. Were the rich not to be lavish, the poor would starve. It is even necessary here that the expenses of the opulent should be in proportion to the inequality of fortunes, and that luxury, as we have already observed, should increase in this proportion. The augmentation of private wealth is owing to its having deprived one part of the citizens of their necessary support; this must therefore be restored to them.

Hence it is that for the preservation of a monarchical state, luxury ought continually to increase, and to grow more extensive, as it rises from the labourer to the artificer, to the merchant, to the magistrate, to the nobility, to the great officers of state, up to the very prince; otherwise the nation will be undone.

In the reign of Augustus, a proposal was made in the Roman senate, which was composed of grave magistrates, learned civilians, and of men whose heads were filled with the notion of the primitive times, to reform the manners and luxury of women. It is curious to see in Dio,[7] with what art this prince eluded the importunate solicitations of those senators. This was because he was founding a monarchy, and dissolving a republic.

Under Tiberius, the ?diles proposed in the senate the re-establishment of the ancient sumptuary laws.[8] This prince, who did not want sense, opposed it. "The state," said he, "could not possibly subsist in the present situation of things. How could Rome, how could the provinces, live? We were frugal, while we were only masters of one city; now we consume the riches of the whole globe, and employ both the masters and their slaves in our service." He plainly saw that sumptuary laws would not suit the present form of government.

When a proposal was made under the same emperor to the senate, to prohibit the governors from carrying their wives with them into the provinces, because of the dissoluteness and irregularity which followed those ladies, the proposal was rejected. It was said that the examples of ancient austerity had been changed into a more agreeable method of living.[9] They found there was a necessity for different manners.

Luxury is therefore absolutely necessary in monarchies; as it is also in despotic states. In the former, it is the use of liberty; in the latter, it is the abuse of servitude. A slave appointed by his master to tyrannise over other wretches of the same condition, uncertain of enjoying tomorrow the blessings of to-day, has no other felicity than that of glutting the pride, the passions, and voluptuousness of the present moment.

Hence arises a very natural reflection. Republics end with luxury; monarchies with poverty.[10]

5. In what Cases sumptuary Laws are useful in a Monarchy. Whether it was from a republican spirit, or from. some other particular circumstance, sumptuary laws were made in Aragon, in the middle of the thirteenth century. James the First ordained that neither the king nor any of his subjects should have above two sorts of dishes at a meal, and that each dish should be dressed only one way, except it were game of their own killing.[11]

In our days, sumptuary laws have been also enacted in Sweden; but with a different view from those of Aragon.

A government may make sumptuary laws with a view to absolute frugality; this is the spirit of sumptuary laws in republics; and the very nature of the thing shows that such was the design of those of Aragon.

Sumptuary laws may likewise be established with a design to promote a relative frugality: when a government, perceiving that foreign merchandise, being at too high a price, will require such an exportation of home manufactures as to deprive them of more advantages by the loss of the latter than they can receive from the possession of the former, they will forbid their being introduced. And this is the spirit of the laws which in our days have been passed in Sweden.[12] Such are the sumptuary laws proper for monarchies.

In general, the poorer a state, the more it is ruined by its relative luxury; and consequently the more occasion it has for relative sumptuary laws. The richer a state, the more it thrives by its relative luxury; for which reason it must take particular care not to make any relative sumptuary laws. This we shall better explain in the book on commerce;[13] here we treat only of absolute luxury.